Tauren Exploration Inc et al v. Glorias Ranch LLC et al

Filing 23

OPINION. The bankruptcy court's orders are AFFIRMED. (Ordered by Judge Sidney A Fitzwater on 12/29/2017) (Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IN RE TAUREN EXPLORATION, INC.,
Debtor.
TAUREN EXPLORATION, INC.,
Appellant,
VS.
GLORIA’S RANCH, LLC, et al.,
Appellees.

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Civil Action No. 3:17-CV-1293-D
(Bankr. Ct. No. 16-32188-HDH)

APPEAL FROM THE
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
OPINION
Appellant Tauren Exploration, Inc. (“Tauren”)—a Chapter 11 debtor—appeals the
bankruptcy court’s order confirming plan of liquidation pursuant to Chapter 11 of the Bankruptcy
Code proposed by Gloria’s Ranch, LLC, and its order on motion to amend confirmation order.
Appellees Gloria’s Ranch, LLC and Tauren Exploration, Inc. Liquidating Trust move to dismiss the
appeal for lack of standing and as equitably moot.
The court has considered the briefing on the motion to dismiss (which it has carried with the
merits appeal) and on the merits of the appeal, and has heard oral argument. Assuming arguendo
that the appeal should not be dismissed on either basis, the court concludes that the bankruptcy court
did not clearly err in finding that the appointment of John S. Hodge as liquidating trustee was
consistent with the interests of creditors and equity security holders and with public policy, and that

the bankruptcy court did not abuse its discretion in denying Tauren’s motion to amend confirmation
order so that it could pursue claims in the Cubic Energy, Inc. bankruptcy case in Delaware.
Accordingly, the bankruptcy court’s orders are AFFIRMED.
December 29, 2017.

_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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